A number of things could happen, but here’s what I think will happen. My understanding is that TDLR may have been working on a revision to the TAS based on the new ADA/ABA guidelines, but I don’t have any personal knowledge of anything. It is undoubtedly a monumental task, and the Texas Legislature meets in odd numbered years, so unless the Governor calls a Special Session, we won’t have new standards until 2011 or later.

Since that is an untenable proposition, and since the option of presenting a revised TAS and approving it with all the required hearings, comment periods etc., is probably too big an exercise to complete in a timely fashion, here is my prediction: the Governor will call a Special Session and revise the TABA to change the design and construction standards from the TAS to the new ADA/ABA Guidelines as they are published by the feds. Sometime down the line Texas can then revise or amend them, or create a new version of the TAS.

Looking at the history of Texas accessibility laws and associated guidelines, one will find that our design standards predate the ADAAG (they were based on ANSI). It probably made sense when the ADAAG came out for Texas to maintain its own set of standards for accessible design, but with this new ADA/ABA Guideline and the efforts on the federal side to harmonize the many divergent accessibility codes (FHA guidelines, ADAAG, ANSI A117.1, IBC etc.), along with the merger of the several model building code organizations into the ICC, it seems logical that TDLR would want to not muddy the waters by introducing a new “different” set of accessibility guidelines in the form of a revised TAS.

So, to recap, I think the Legislature will meet in Special Session, amend the Texas Architectural Barriers Act to essentially replace the 1994 TAS with the new ADA/ABA Guidelines and perhaps a number of amendments. I honestly don’t think anything else will change, although everything could! It seems to me that the infrastructure currently in place (especially with the RAS program) works well, and local jurisdictions have become comfortable with allowing enforcement of accessibility code issues at the state level.

Having firsthand experienced (more like a nightmare) of a statewide accessibility code (like that in California with Title 24) enforced at both the state and local levels, I wouldn’t recommend Texas regressing back to a scenario like that. What we have works, so the least amount of change the better (in my opinion).

That’s my story and I’m sticking to it. For now.

Ken

Thanks for the comments! This is a good observation, and in a future article I hope to detail all the specifications for reach ranges, especially those over obstructions. One issue parallels your comments: When reaching forward over an obstruction greater than 25 inches, the maximum reach height is reduced to 44 inches AFF.

It is also a good idea for those designing such operable items to place them at max. 46″ high as this affords the most options in reach-over-obstructions for both approaches; important in future (inevitable) placing of furniture and such by the user.

Thanks Ken for a great series.